Legal Opinion

Ervin R. Davis Realty, Inc. v. City of High Point

Court of Appeals of North Carolina

Decided April 18, 1978No. 7718SC585PublishedCited by 3 opinions

1Opinion of the Court

PARKER, Judge.

A pretrial order declaring certain evidence admissible or inadmissible is indeterminate and subject to later modification. Knight v. Power Co., 34 N.C. App. 218, 237 S.E. 2d 574 (1977). The same is true of a pretrial order purporting to fix what the rule of damages should be at the trial. Green v. Insurance Co., 250 N.C. 730, 110 S.E. 2d 321 (1959). Such orders are not immediately appealable. 1 Strong’s N.C. Index 3rd, Appeal and Error, § 6.9.

Appeal dismissed.

Judges VAUGHN and WEBB concur.

2Cases cited2 opinions

  1. Green v. WESTERN AND SOUTHERN LIFE INSURANCE CO.Supreme Court of North Carolina · 1959
  2. Knight v. Duke Power Co.Court of Appeals of North Carolina · 1977

3Cited by3 opinions

  1. Maffei v. Alert Cable TV of North Carolina, Inc.Court of Appeals of North Carolina · 1985
  2. Board of Transportation v. GraggCourt of Appeals of North Carolina · 1978
  3. Lazenby v. GodwinCourt of Appeals of North Carolina · 1980